If you're a custodial parent looking to terminate the non-custodial parent's parental rights based on abandonment, you likely have a number of questions and concerns. Below is a breakdown of the definition of abandonment, how abandonment can be established, and how a family law attorney can help you.

The Definition of Parental Abandonment                          

The definition of abandonment will differ depending on the exact circumstances and the child's age, but the overall definition includes the leaving behind of a child under the age of 18 without financial support and no communication for three months or longer.

It's important to understand, however, that time and lack of financial or other supports don't always mean the child was abandoned. If the child's other parent has entered themselves into a rehabilitation program, for example, this isn't considered abandonment, even if there is no contact or support for three or more months. To establish abandonment, there needs to be proof that the child's other parent left without any intention of returning.

Establishing Abandonment

Abandonment, for obvious reasons, can have serious emotional impact on a child. For this reason, a custodial parent may be able to establish abandonment so that the non-custodial parent will no longer have any legal rights over the child.

To establish parental abandonment, you'll need proof of a few things. First, you'll have to prove that the last time your child's other parent had any contact with them was more than three months ago. Second, you'll have to prove that the other parent knows your whereabouts. If you've moved since the abandonment occurred, you had to have made all possible attempts at informing the child's other parent. Third, you have to prove that the child's other parent has not intention of ever returning, whether they expressed this or not.

How a Family Law Attorney Can Help

It can be difficult to establish parental abandonment in the eyes of the courts, which is why working with a family law attorney can be your best best.

Abuse and abandonment laws differ by state, but with your attorney's help, you can prove that your child was abandoned by their other parent and that their parental rights deserve to be involuntarily revoked. Your attorney can help you to collect witnesses to the other parent's abandonment, as well as prove all that needs to be proven in order for you to move forward with the termination of parental rights. Your attorney may be able to help you track down and inform the child's other parent of the child's whereabouts to prove that the other parent has no intention of making contact.

To learn more about parental abandonment and how it can be established, consult with a family law attorney or firm like Haslam & Perri LLP.